Research On My Country's Recidivism System

The system of recidivism is an important system in China’s criminal law.It not only carries the concept of punishment in China,but also bears the function of cooperating with other systems,which plays an important role in promoting the realization of the purpose of punishment.Since the development of the ancient society,the system of recidivism has been continuously developed and improved with the society,but the problems of the recidivism system are still concerned by the criminal theory and practice circles.Combing and analyze the main problems existing in the recidivism system will help to better perfect the recidivism system,so as to play the legal mission of the recidivism system and better fulfill the criminal law to protect human rights and fight crime.This paper studies the recidivism from four aspects.First,it expounds the basic theory of recidivism from the perspectives of criminology,criminal policy and criminal law,it considers recidivism to be a specific criminal.From the perspectives of retributionism,utilitarianism and syncretism,this paper sorts out the theoretical found ation of the recidivism system,and believes that the theory of recidivism in China sho uld be based on giving priority to both retribution and utilitarianism.Second,the historical evolution of the recidivism system from China and the West reveals the historical development law of the recidivism system.It is believed that the recidivism system in different countries is different because it has different penal ideas,criminal policies,and penalties.It is inevitable that the development and innovation of our recidivism system cannot be separated from the local environment,and we must also absorb and learn from the more mature experiences of other countries.The third is to start from the current system of recidivism in China,and believe that the main problem is that the unit recidivism has not been legislated,the lack of provisions for the elderly to constitute recidivism,the scope of special recidivism is too narrow,and the principle of recidivism is not scientific,and the choice of the amount of heavy punishment is lack of scientific and meticulous rules.The fourth is to start from the problems existing in the current recidivism system and make a sound suggestion.It is believed that due to the large number of recurrences of crimes committed by the unit,in order to protect the healthy and orderly development of the market economy and Prevention unit re-offending,it is necessary to clearly establish a unit recidivism system.From the principle of "old and old-fashioned children" in our country,the spirit of legislation,the purpose of punishment and the criminal policy of tempering justice and strictness,the reasons for recidivism of the elderly are excluded,and according to the physiological factors of the elderly and the current legislation on the crime of the elderly,It is considered that a person who is 75 years of age or older shall be sentenced to a term of imprisonment of not more than three years without committing a recidivism.For the problem of a particularly narrow range of recidivism,the author believes that drug crimes should be the first to be classified as special recidivists.The principle of recidivism is not scientific,and the choice of “heavy punishment” lacks scientific and meticulous rules,which does not conform to the principle of adapting crimes and punishments.Therefore,the author believes that general recidivism should be established,and special recidivism should be heavier or aggravated,establish a scientific and meticulous selection rule.